Sexuality, morals and justice

Law reform is a central goal of lesbian and gay campaigning groups. In recent years, there have been attempts to secure equal ages of consent for heterosexual and same-sex sexual acts, to create anti-discrimination laws protecting lesbians and gays, to allow lesbians and gays to serve in the military, and to permit same-sex marriages. Reformers usually try to justify such measures by invoking equality, respect for privacy, or related arguments.

Sexuality, Morals and Justice critically examines the justifications for law reform which have been put forward to date. The book suggests that they are not in fact as strong as campaigners have assumed, and that a stronger case for legal reforms can be made if the idea of empowerment is used. While advancing a new and cogent argument for protecting lesbian and gay rights through law, the book is sceptical about how far law is useful in eradicating discriminatory social practices.

In a constitutional democracy, the moral legitimacy of laws and law reform measures depends on the strength of the justifications advanced for them. Sexuality, Morals and Justice sheds new light on the lesbian and gay rights debate, raising important questions about how we understand law, sexuality, justice and political morality.

Nicholas Bamforth is Fellow in Law at Robinson College, Cambridge. His interests include public law, human rights law and legal philosophy.